What Happens When a Will is Contested?

 Posted on September 20, 2024 in Wills

A will is a legal document that contains a person’s wishes for when he or she dies. These may include:

• Directions for how to distribute an estate among heirs 
• The appointment of an executor to carry out the will
• Preferences for medical care if the person who created the will, the testator, becomes incapacitated

Wills are legally binding and must be honored when they come into effect. However, sometimes a will can be contested. This article will discuss the grounds for contesting a will and the process for doing so. For more details or questions regarding will contests, consult an experienced California estate planning attorney.

What Are the Grounds for Contesting a Will?

Being left out of a will is not a valid reason to challenge it. Justifiable reasons to contest a will may include the following:

• Lack of testamentary capacity: A will is only valid if the testator is of sound mind. If the testator did not have the mental capacity to make sound decisions at the time the will was drawn up, the will can be challenged.
• Undue influence: For a will to be legally binding, it cannot have been written under duress or excessive pressure, otherwise known as undue influence. If someone can show that the will or any of its provisions was included under duress, it may be a valid challenge.
• Lack of valid execution: A will must be created and executed according to certain legal guidelines. If these guidelines were not followed, there may be grounds to contest the will.
• Fraud: If the will was forged or was based on fraudulent information, it can be contested in court.
• Outdated draft: If the testator changed the will, only the latest version is valid and the earlier ones are automatically revoked. A significant challenge can be brought if it can be proven that the version being used by the court is not the latest one.

Keep in mind that any of these claims will need to be supported by solid evidence.

How Is a Will Contested?

Contesting a will follows a certain legal process which begins once the court issues a notice of probate. This means the court is starting the procedure of making sure the testator’s will is executed properly.

• A party who wants to challenge the will must submit a written petition to the court within 120 days of the initial probate hearing.
• The court will then serve a copy of the objection to the other interested parties, who will have 30 days to respond.
• The court will hold a hearing to review the arguments and evidence from both sides, after which the judge will issue a ruling. 

Contact an L.A. County, CA Estate Planning Attorney

When a will is contested, it can be a major burden on the family and the probate process. An experienced Los Angeles, CA estate planning attorney can help ensure the will is executed correctly. Attorney David Schechet has over 35 years of experience and is ready to guide you through the probate process. Schedule a free consultation with the Law Office of David Schechet by calling 800-282-4731 today.